SC larger bench hearing Punjab and KP poll delay case dissolved

 Justice Aminuddin Khan recuses himself from the larger bench today 

Justice Aminuddin Khan of the Supreme Court today recused himself from a five-member bench hearing the PTI’s petition against the Election Commission of Pakistan’s decision to postpone polls to the Punjab Assembly till Oct 8. Justice Khan’s recusal came as an unexpected development before the court proceedings began today. “After yesterday’s judgment, I recuse myself from hearing the case,” Justice Khan said.

He referred to a judgement, authored by himself and Justice Qazi Faez Isa, issued a day earlier which noted that the chief justice of Pakistan (CJP) did not have the power to make special benches or decide its members, and said that all hearings based on suo motu notices and cases of constitutional significance under Article 184(3) should be postponed until they are legislated upon.

Justice Khan’s recusal came as an unexpected development before the court proceedings began today.

The original bench — which had conducted three hearings on the PTI petition — was constituted by CJP Umar Ata Bandial. It was headed by the CJP himself and included Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Jamal Khan Mandokhail and Justice Khan.

The judgement to which Justice Khan referred for his recusal was issued in a suo motu case related to the award of an additional 20 marks to candidates for memorizing the Holy Quran by heart to get an MBBS or BDS degree.

A three-member special bench, formed by the CJP, heard the case. It was headed by Justice Isa and comprised Justice Khan and Justice Shahid Waheed. Yesterday’s verdict was issued by Justice Khan and Justice Isa, while Justice Waheed disagreed with the judgement and will write a separate dissenting note.

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